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Month: April 2017

Illegal Immigration to Canada

Posted on April 4, 2017 in Uncategorized

Illegal immigrants are people who are not legally permitted to live in a country. Every year, hundreds and thousands of people attempt to enter Canada illegally from Hungary, Mexico, Costa Rica, Argentina, Panama, Central America, Eastern Europe, Ireland and other countries. Both the United States and Canada face serious illegal immigration problems. Failed refugee claimants and people with expired visas are illegal immigrants. It is believed that about 8% of foreigners attempt to enter Canada illegally. Another 64,000 people (8%) have expired visas. Some people enter the country as undocumented persons because of economic reasons.

As per an immigration report in 2003, the estimated number of undocumented people living in Canada is somewhere between 100,000 to 200,000. A few illegal immigrants exhaust all avenues of becoming legal and continue to live, work and contribute to Canada’s economy for long. Increased security protection in United States following September 11, 2001 has also resulted in an increase in the number of illegal immigrants to Canada.

Illegal immigration to Canada can be reduced by verifying social insurance numbers. In Canada, a social insurance number beginning with the number nine shows that the person holding it is not a citizen. The expiration date must be verified to make sure that the number is still valid. Human Resources and Skills Development Canada can support problems in this region.

When compared to United States, illegal immigration to Canada is less. One can enter Canada either illegally, or as a refugee, citizen, or permanent immigrant. Entering illegally should not be necessary in Canada, because the country has the most liberal immigration and refugee entry laws in the world.

For political reasons, the Canadian government took the initiative to legalize undocumented people by granting amnesty. Illegal immigrants in Canada are granted permanent immigrant status during these amnesties. People who commit serious crimes are unlikely to get amnesty.

Employment Law in Canada – Calculating Reasonable Notice Periods

Posted on April 2, 2017 in Uncategorized

In Canada, when an employee is terminated from their employment without just cause (is wrongfully dismissed), they are usually entitled to reasonable notice damages. The amount of notice is essentially a period during which an employee’s salary will continue while they search for new employment. Once an employee finds a new job their entitlement to these damages for wrongful dismissal usually ends or is reduced.

In Canada these damages may be awarded in court but in most cases of wrongful dismissal a settlement is reached before going to court is necessary. According to court decisions, employment law notice periods range from one week’s notice up to a 24 month period in certain cases. The period of reasonable notice depends on a variety of factors the most important of which are an employees age, their length of service with the employer, the character of the employment, and the availability of similar employment.

The first two factors, an employee’s age and the amount of time they have worked for the employer are relatively easy to calculate. With respect to these factors the longer an employee has worked with an employer, and the greater their age the longer the reasonable notice period will be. The next factor, the character of the employment, considers how specialized or unique the employee’s job was. Specialized work may be harder to replace for an employee if there are a limited number of similar positions in the geographical area where they reside. An employee in a specialized field may also find difficulty in transitioning to another field without taking a significant pay cut. Similarly, less specialized work may be easier to replace and lead to a reduction of the notice period. Finally, the last factor, the availability of similar employment, is not a difficult concept to grasp but care must be taken to record evidence of similar employment opportunities (or a lack thereof) in an employee’s geographical area.